Volkswagen Emission Scandal

Osgoode Hall Law School of York University Osgoode Digital Commons

Obiter Dicta Alumni & Law School Publications

10-13-2015 Volume 89, Issue 4 (2015)

Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/obiter_dicta Part of the Law Commons

Recommended Citation "Volume 89, Issue 4 (2015)" (2015). Obiter Dicta. 18. http://digitalcommons.osgoode.yorku.ca/obiter_dicta/18

This Book is brought to you for free and open access by the Alumni & Law School Publications at Osgoode Digital Commons. It has been accepted for inclusion in Obiter Dicta by an authorized administrator of Osgoode Digital Commons. Volume 88 | Issue 1 | obiter-dicta.ca The Definitive Source for Osgoode News since 1928 Tuesday, October 13, 2015 VOLKSWAGEN EMISSION SCANDAL

ê Can public pressure put the brakes on regulation evasion? Photo credit: Financial Post shannon corregan › staff writer

n what’s shaping up to be the biggest auto clever. It could be argued that the system wasn’t industry shake-up of the decade, Volkswagen’s breaking any regulations, just evading them. (VW) emissions scandal has—by this point — Initially, the EPA indicated that the “defeat device” obliterated over 30 billion USD of the company’s had been installed in 482,000 of the cars that VW had In this Issue... Ishares, and forced CEO Martin Winterkorn to resign. sold in the US, but it wasn’t long before the company In late September, the US Environmental admitted that eleven million of their diesel cars across Protection Agency (EPA) revealed that VW cars being the globe had similar software installed. To put that news sold in the US were rigged with stealth software that number in perspective, eleven million cars amounts Syrian War ...... 3 allowed the cars to “cheat” emissions tests. In what to approximately twenty-five percent of VW’s vehi- opinion has been dubbed a “defeat device,” the software sig- cles worldwide. Sustainable Development Goals ...... 9 nals to the car when its emissions are about to be Maybe more than any other automaker, German- tested; upon receiving the signal, the car shifts gears, based Volkswagen has a reputation for reliability, arts & culture so to speak, and begins to run cleaner than it would trustworthiness, and—increasingly—environmental Netflix Guide ...... 10 during ordinary use. This allows the cars to pass responsibility. This is perhaps why the initial backlash sports emissions tests while emitting more pollution than against VW has been immediate and unequivocal. NHL Free Agents ...... 14 the legal limit. In some cases, VW cars were revealed to be emitting forty times the allowable amount. As legal loopholes go, the “defeat device” is quite » see volkswagen, page 15 2 Obiter Dicta NEWS

CIBC Run for the Cure 2015 Osgoode Women’s Network raises $3,760

WN Ran for the Cure and raised $3,760! The OWN Executive would like to extend a HUGE thank you to everyone who participated in some way, shape or form with Othis year’s CIBC Run for the Cure 2015. As a student club at Osgoode, we were able to raise $3,760, which surpasses last year’s fundraising efforts by over $1,000! $317 was raised from the jars we passed around to the first year classes alone! Across Canada, the Run for the Cure raised an estimated $21.5 million, bringing us that much closer to finding a cure. So, once again, thank you to everyone who participated! Our next big community initiative will be our clothing drive during the week of October 26th. During the clothing drive, we will be collect- ing gently-used professional clothing for the organization, Dress for Success. We have partnered with Goodmans LLP who is helping to coordinate the event and recruit other firms. So far, a number of firms, have generously agreed to make donations, including: Goodmans, Fasken Martineau, Davies, BLG, Bennett Jones, Stikeman Elliot and Cassels Brock. We hope that the Osgoode staff, faculty and student body will also help out as well by bringing in their previ- ously owned professional attire during the week of October 26th! We will have a clothing donation box situated outside of the admissions office (across from the library doors) during that week. Thank you again for helping us in our drive towards maintaining and increasing our commitment to community initiatives.

With gratitude,

Your 2015-2016 OWN Executive u

ê Photo credit: Osgoode Women’s Network

editorial board layout editor | Karen Wang TheObiter Dicta is published biweekly editor-in-chief | Sam Michaels website editor | Asad Akhtar during the school year, and is printed by managing editor | Erin Garbett Weller Publishing Co. Ltd. creative director | Heather Pringle staff writers a. Osgoode Hall Law School, 0014g Evan Ivkovic, Shannon Corregan, Anthony Obiter Dicta is the official student newspaper York University editorial staff Choi, Michael Motala, Kareem Webster of Osgoode Hall Law School. The opinions 4700 Keele Street business managers | Alvin Qian, expressed in the articles contained herein are Vincent Neil Ho Toronto, on m3j 1p3 contributors not necessarily those of the Obiter staff. The communications manager | Carla Marti e. [email protected] Update list of contributors Obiter reserves the right to refuse any submis- copy editor | Melissa Belmonte, w. obiter-dicta.ca sion that is judged to be libelous or defamatory, Shannon Corregan t. @obiterdictaoz Submissions for the October 26 issue are contains personal attacks, or is discriminatory news editor | Simmy Sahdra due at 5pm on October 17, and should be on the basis of sex, race, religion, or sexual ori- opinions editor | Nadia Aboufariss “A lawyer is a gentleman who rescues your submitted to: [email protected] entation. Submissions may be edited for length arts & culture editor | Kathleen Killin estate from your enemies and keeps it for him- and/or content. self.” lord brougham sports editor | Kenneth Lam NEWS Monday, October 13, 2015 3

Russia Further Complicates War in Syria

simmy sahdra › news editor Times, “If these raids continue this way, Russia will priority, and instead protection of political alliances kill a larger number of civilians than Bashar did in reigns supreme. The Russian intervention in the s many people have already heard, four years.” The reality is that Russia’s intervention Syrian war not only illustrates this point, but also Russia has joined the war in Syria, where arises out of selfish reasoning, and the Syrian civil- serves to demonstrate that the instability within Russian warplanes have carried out air- ians are secondary thoughts, at best, to the existent Syria will most likely continue. u strikes on opponents of President Bashar political battles. al-Assad.A This recent addition to the four year civil The US are all but impressed with this new addi- war in Syria has added new elements, which con- tion to the war in Syria. US Defence Secretary tinue to further the suffering for many civilians. Ashton Carter said Russia was “pouring gasoline on Russia claimed that they are targeting the a fire.” He went on to warn that Russia “risks esca- Islamic State (IS) and “other terrorists” when on 30 lating the civil war in Syria—and with it, the very September, Russia’s parliament approved a request extremism and instability that Moscow claims to by President Vladimir Putin to launch airstrikes in be concerned about.” The US does not seem to be Syria. This is the country’s first intervention in the accepting of the Russian argument indicating their Middle East in decades, which leads one to ponder only intent is to fight terrorism, which is interesting what their real intention behind their involvement given the US not too long ago was utilizing the same in Syria is. arguments for Presidents their own Middle Putin and Assad “The political dimensions East interventions. have been long- However, the standing political behind Russia’s intervention most important ê (above) A civil defence member walks on the rubble allies, and most shine through...” aspect of this sit- of a damaged building next to a site hit by what activ- are aware of this uation is the high ists said were airstrikes carried out by the Russian relationship; however, Mr. Putin said Russia was human costs—more than 250,000 Syrians have been airforce. Photo credit: CBS News acting “preventatively, to fight and destroy militants killed and a million injured. At least eleven million and terrorists on the territories that they already others have been forced from their homes, four mil- occupy, not wait for them to come to our house.” A lion have fled abroad, and we continue to hear their ê (below) Two Russian air force technicians prepare a poor argument given the applicability of that argu- horror stories as they embark on the journey of their warplane in a Syrian airbase outside Latakia. ment to many other war-torn countries, which have lives. It is a sad reality that these lives are not the Photo credit: The Guardian yet to see a Russian intervention. Not to mention the context of the relationship between Putin and Assad, which includes historical ties between the two countries, and Syria contain- ing the last Russian naval base in the Middle East. Russia has also blocked numerous resolutions critical of Assad at the UN Security council, and sup- plied weapons to the Syrian military—this current Russian intervention only continues and further solidifies the relationship between the two as political allies. The Russian Defence Ministry originally said the first strikes targeted only the jihadist group IS, which controls large parts of Syria and is fighting both government and rebel forces. The next day, Russian Foreign Minister Sergei Lavrov clarified that the air campaign was targeting “all terrorists” in Syria, and not just IS. His ministry said a report by the Syrian Civil Defence rescue organization of 33 civilian deaths on the first day of the airstrikes was «false.” Even more interesting is the fact that the US and allies have noted that the strikes are occur- ring in places where IS has little to no presence. Alternatively, the strikes are aimed at rebels backed by Gulf Arab and Western states who are advanc- ing on Latakia province, which is the core of Assad’s Alawite sect. The political dimensions behind Russia’s intervention shine through, providing much more plausible reasoning, rather than fear of thumbs down terrorists attacking Russia. The reaction from Syria seems to be divided, where some have hope for Russia to end this agoniz- ing situation, and others fear their situation has just gotten worse. Opposition activists have expressed Sprout hairclips. alarm over the effect this Russian intervention will have on civilians. Khoodair Khusheif, an activist in northern Homs province, stated to the New York 4 Obiter Dicta NEWS

The New Old City Hall Mall Will an iconic piece of Toronto architecture turn into a shopping centre? nadia aboufariss › opinions editor

ast year in Professor Berger’s criminal law class, a few friends and I went down to Old City Hall for the afternoon to watch bail court for an assignment. A few of us had neverL entered the building before, so we were pretty excited to see what it looked like, and since the facade of the Old City Hall is pretty remarkable, we had high hopes. Hopes that were dashed, as we sat in the base- ment of the building, in a waiting room of crumbling plaster lined with scotch taped scraps of paper. Our hopes were further dashed as we entered into the bail courtroom, which had no ceiling beyond a network of pipes and exposed wires running through the room. There are parts of the once magnificent interior that can still impress, such as the grand staircase, the original mosaic floor, and the lavish use of marble. This is a building that cost two and a half million dollars to build when the cornerstone was laid in 1891. In the past decade, the city has spent more than a few millions to renovate the exterior of the fantastic Romanesque Revival building created by E.J. Lennox (who is probably best known as the archi- tect of Casa Loma). But the interior of Old City Hall has seen much better days, and to be honest, probably deserves a little more dignity than the administrative mish-mash of plaster partitioning, ugly fluorescents, and “no photography” signs that litter the walls. The city of Toronto seems to agree, and has already given notice to the provincial government that it is not looking to renew the lease that expires at the end of 2016. Meanwhile, the city also hired a real estate bro- kerage firm, Avison Young, to prepare a report on the building and conduct a “highest and best use” analy- sis for what can be done with the property. That report, which can be viewed online in its entirety if you are into that sort of thing (as I clearly am), first suggests, quite reasonably, that the city should extend its lease to 2021, giving the province time for a new courthouse to be built. It then goes on to say that the highest and best use for the property would be “conversion to a retail centre that contains a mix of food service, leisure, event and civic uses.” Immediately, a thousand voices across the internet screamed. “A MALL?” they exclaimed, shaking their heads in disbelief, “How shameful! It should be a museum!” Photo credit: Aaron Lynett / National Post These knee-jerk reactions are exactly why I ê decided to read the actual report and not just the internet comments from a few opinion pieces in The report does a good job of analyzing the com- stained glass, grab a bite to eat, head to the museum newspapers. Nowhere in the report does it say “let’s peting objectives of the potential project—maximiz- courtyard, and purchase some Toronto souvenirs. I do make the whole thing a mall.” In fact, quite a lot of ing assets, respecting the heritage of the building, not think that this would be disrespecting the origi- discussion is given to the idea of creating a city of attracting a mix of tenants, and, interestingly, an nal idea for the building to be a grand monument to Toronto museum either in the courtyard (which is emphasis on unfettered public access. I find this the city. And it would certainly be a hell of a lot better now a parking lot and loading space) or elsewhere enthralling because a lot of the complaints people use for the place than a condominium or a hotel. onsite. Don’t get me wrong, as a former art history have about turning the space into a retail-centre Among retail space, office use, and a technology student I am obsessed with museums. But turning mention the space shouldn’t be used for “private” and innovation centre, the report also lists “post- the entirety of the building into a Toronto histori- purposes, such as stores. But as the building stands secondary education” as one of the possible tenant cal museum is somewhat unrealistic—the building is now, it is pretty inaccessible to the average person, uses of the building. I mean, I’m not implying that quite large and needs a fair amount of income to be requiring a fairly invasive security check to enter, we should move all of Osgoode Hall Law School down maintained. But the idea that the building will turn prohibiting photography, and having large areas of there, but how cool would it be to have some class into a new Eaton Centre is probably a bit of a stretch, the complex completely closed to the public at all space in a heritage building that served as the city’s considering that Old City Hall has been a national times. Imagine instead a building where tourists and civic centre for a hundred years? Sign me up for “The heritage site since 1989, and therefore would be dif- Torontonians alike can walk into the great hall and History of Canadian Law” taught at the New Old City ficult to overhaul in any significant way. admire its architecture, take pictures of its restored Hall Mall. u NEWS Monday, October 13, 2015 5

Anishinaabe Law Camp 2015 The Stories Behind Law

allison grandish › contributor activity in which we collaborated to address a legal issue through the approach used in Anishinaabe legal rom 10 September to 13 September, pedagogy—taking a story and interpreting it to deter- approximately forty students and faculty mine what legal principles it proposed. Throughout members from Osgoode Hall Law School the weekend, discussions of the protocols involved in traveled to Neyaashiinigmiing (Cape components of the camp revealed the extent to which Croker),F about four hours north of Toronto. Professor Indigenous traditions were woven into facets of the Andrée Boiselle worked with John Borrows, his trip that I myself may have taken for granted. The daughter Lindsay Borrows, and their community, the most marked example was the procedures involved Chippewas of Nawash, to organize the camp and wel- in observing the sacred fire and respecting the tra- come us to Neyaashiinigmiing. Our teachers, mean- ditions that go into building and maintaining it. We while, came from throughout Neyaashiinigmiing also had the opportunity to converse with local and and other areas within Anishinaabe territory. All of guest teachers during meals and our spare time, our instructors and organizers brought their unique allowing students to discuss particular areas of per- experiences and specialties to provide a multi-faceted sonal interest related to Indigenous law. Elders and Emblem of the Anishinaabe people. Photo credit: journey through Anishinaabe law. community members welcomed us into an explora- ê Wikipedia.org The purpose of the camp was to provide an oppor- tion of Indigenous legal traditions and pedagogy by tunity for students to learn on the land, engage with sharing their own stories, which both deepened our Anishinaabe legal traditions, and be introduced to understanding of the material and illuminated the Anishinaabe research methodologies. Rather than significance of what we were learning. and machinations, the camp created a venue in which learning in a classroom through lectures, we partici- John Borrows told us a story of creation to begin his we were all safe in feeling open with each other. I’m a pated in community-based teaching. Our instructors discussion of constitutional law. Accustomed to reg- naturally reclusive person, but I discovered peers who shared their experiences of learning Indigenous law ulations, statutes and judicial interpretation, it was share my interests and peers who are so different that and, to illustrate their journey, led us through a group difficult for me to understand the connection at first. we couldn’t help but click. Over coffee we laughed But as we delved further into that form of legal peda- about pub night shenanigans and confessed the over- gogy, I developed a deeper appreciation for the truths whelming sense of responsibility that comes with woven into stories that are passed down and shared. practicing law. Would we work against systemic bar- We also learned how narratives are constructed. A riers to justice, or become cogs? What would it mean speaker went to transcend what through the frus- we understand trations of having “Rather than learning in a the law to be? treaty rights rec- classroom [...], we participated in Being welcomed ogn i zed w it h into the space regards to the community-based teaching.” imbued us with a Bruce Peninsula. humbling sense of He told us about willing deceptions and hapless igno- both gratefulness and responsibility. I can’t speak for rance in his journey to have the rights of his commu- my fellow attendees, but I feel that the dedication and nity respected. Another speaker showed us wampum passion of our hosts inspired us to treat the learning belts, which detailed various treaties and seemed to experience as a starting point. track the history of agreements. Before leaving we sat around the sacred fire as What I took from the experience was a humbling it burned to embers, sharing our reflections. The understanding of what the law can do when it twists common theme, beyond how grateful we were to be and contorts to tell a story that suits one side’s under- part of the experience, was a shared desire to learn standing. During our final dinner our host spoke to more about the intersections between Indigenous us about the impact of residential schools, a shame- law and what we hope to practice, to be conscien- ful history inexorably woven into Canada’s national tious about how our approach to practice may serve to identity. It was a sobering reminder of why it was unite communities or reinforce systemic oppression, important for us to participate in the camp and to and to remain committed to the values that drove us gain an understanding of where one can learn more to law to begin with. u about that area of law and that part of our history. Beyond the pedagogy, participating in the experience was powerful because it connected students to each other. Away from Osgoode, with its veneers

thumbs UP

Strategic voting in the Federal Election.

ê Anishinaabe Scout statue by Hamilton MacCarthy in 1918. Photo credit: Wikipedia.org 6 Obiter Dicta NEWS

Introducing the Access to Justice Research Network nicole aylwin & lisa moore › canadian forum on civil justice

he Canadian Forum on Civil Justice (CFCJ) is a national non-profit organization that is dedicated to access to justice research and advocacy. The CFCJ was founded in T1998 and moved to Osgoode Hall Law School at York University in 2011. Earlier this year the CFCJ launched the Access to Justice Research Network (AJRN), an interactive online platform that invites the discussion and dis- semination of research and news related to access to justice issues in Canada and abroad. Access to justice issues have frequented academic, legal, political and mainstream debates for many years yet, until now, there has been no identifiable, central platform in Canada where a wide range of justice stakeholders can exchange research and resources, Photo credit: cfcj-fcjc.org raise questions, and share ideas and concerns about ê access to justice issues. As Slaw blogger Karen Dyck notes, there is “… innovation in access to justice hap- The AJRN currently exists as a prototype with an The disclaimer, of course, is that the resource should pening everywhere…[but there is] little evidence of established mandate to: be related directly to A2J! either coordination or collaboration toward what Provide a medium for the timely transfer of access The ultimate goal of the AJRN is to create a com- seems to be a common goal.” to justice research and findings to legal scholars, law- munity of justice stakeholders who are committed to In response to this need to coordinate and central- yers, policy makers and A2J stakeholders. improving access to justice in Canada. The move to ize access to justice related research, news, data and Serve as an organized database for content and create the AJRN and the launch of its prototype has discourse, the CFCJ launched the AJRN. Comprised of publications on access to justice issues. been supported by a generous grant from the Law a website and listserv, the AJRN coordinates the cir- Create an accessible forum for conversations and Foundation of BC/Legal Services Society Research culation of exciting new access to justice work hap- knowledge exchange on access to justice matters. Fund. pening across the country. Please join us as we work to build a vibrant and energetic A2J Community! We look forward to con- What topics are addressed through the necting with you to share, discuss and collaborate on How does the AJRN work? AJRN? access to justice issues! The goal of the AJRN is to stimulate dialogue and The AJRN already boasts an impressive array of To join the listserv, send an email to communica- knowledge exchange as well as to build ties among resources on online dispute resolution, legal service [email protected] with “AJRN subscribe” indicated access to justice researchers across the country. delivery, innovative partnerships and collaborations, in the subject line. It is an interactive space that counts among its legal education, alternative dispute resolution, and To follow the AJRN blog, visit the website and click members, researchers, policy makers, legal profes- many more. Some of the more recent posts deal with the “Follow” button on the site’s landing page. sionals and other justice stakeholders committed to poverty law, health literacy and legal capability, and A2J. The AJRN has two parts: the post-election debate over legal aid in the UK. For general information about the AJRN, visit the An email listserv that allows members to easily website at: ajrn.org connect and/or collaborate with other subscribers, The AJRN welcomes network members to circulate: *Parts of this article originally appeared online at and engage in dialogue around critical A2J issues. www.slaw.ca u A website (www.ajrn.org) that acts as a “clear- • Research papers inghouse” for research and resources related to A2J. • Policy reports While the website is curated by the CFCJ, the site’s • News articles content is largely user-generated so the listserv pro- • Links to websites vides a medium for an open exchange of links and • Calls for papers, and papers that are then shared publically on the AJRN • Any other resources they think will enhance work website. in the A2J arena.

thumbs down

Randy Quaid arrested in Montreal (again). NEWS Monday, October 13, 2015 7

Canada and Refugee Rights Where do we actually stand on the issue?

imelda lo › contributor Hassan is only one example. According to the the Osgoode community has already begun to show University of Toronto Faculty of Law’s “We Have No interest in responding to the crisis. There have been anada likes to pride itself for being pro- Rights” report, seven thousand migrants were incar- members raising money for tents and train tickets in gressive on refugee issues, but is it really as cerated in Canada last year alone. Many of these Hungary, as well as others who have been offering pro kind and open to refugees as we would like migrants are extremely vulnerable and are already bono legal services in Toronto. Our university, along to believe? suffering from mental illness, as exemplified by with other GTA universities, have also begun to raise C The saddening story of Alan Kurdi has raised some Hassan. Uday, for example, also has schizophre- funds for sponsorship and have committed to sup- doubts about Canada’s self-image. Tima Kurdi had nia. In his case, he had no criminal record but was porting volunteers. As students, we can do much to attempted to sponsor her brother Mohammed and his detained for nearly three years in two maximum- promote change and awareness about the current ref- family to come to Canada, but did not have enough security Ontario jails because the Canada Border ugee crisis, not only in Canada, but also on the inter- money to bring Abdullah, her other brother. As a Services Agency (CBSA) was not able to confirm his national stage. result, they had to wait, despite the dangers of their country of origin or his identity. As such, they deter- current situation. However, due to changing circum- mined that he was a risk to the public. After being This article was published as part of the Osgoode stances, Abdullah and his family could no longer released, he has been recognized as de facto stateless. chapter of Canadian Lawyers for International Hu- afford to wait and joined thousands of other refugees To this day, he remembers how detention had nega- man Rights (CLAIHR) media series, which aims by boarding a boat to Europe. In a cruel twist of fate, tively impacted his mental health. While incarcer- to promote an awareness of international human Abdullah was the only survivor—his wife and chil- ated, he and the others “had no rights at all [and] they rights issues. u dren drowned. His son Alan’s corpse was later pho- treat[ed] us like garbage.” tographed at a popular tourist beach in Bodrum, As lawyers in training, we should be concerned Turkey. His small body lifeless and limp, Alan about this refugee crisis, especially as it relates to Website :http://claihr-osgoode.weebly.com/ could have easily been asleep. But like his mother access to justice for marginalized communities and Facebook: https://www.facebook.com/clai- and brother—and thousands of other migrants— the relationship between legal red tape and the disas- hrosgoode he is dead, one of the many victims of First World trous circumstances it can affect in people’s lives. As indifference. Dean Sossin has made clear in his announcements, In Europe and in Canada, refugees have mostly been seen as someone else’s problem. Under Stephen Harper’s Conservative government, the media has continued to parrot that Canada “remains a model of thumbs UP humanitarian action” and that we are “the most generous country to refugees in the world.” In reality, however, Canada’s refugee policy is not as generous as it may initially appear. Red tape and the spectre of “incomplete applications” have made Hilary Clinton opposing TPP trade deal. it especially difficult for refugees to come to Canada, leading to disastrous consequences, as in the case of the Kurdis. Especially since the Conservative government passed Bill C-31 in 2012, Canada has become increasingly hostile to refugees. According to Citizenship and Immigration Minister Jason Kenney, C-31 was designed to “combat human smuggling and to ensure that the asylum system is ‘fast and fair’.” Framed as a way of protecting Canada from “crim- inals” and “unfounded refugee claims,” the law required mandatory detention for refugees deemed “irregular arrivals,” including children, although this was later struck down by the Federal Court. Accordingly, costs from detaining migrants, immigrants and asylum seekers have exploded over the last couple of years. Especially disturbing is the high number of children in detention. Based on the sta- tistics, between 196 and 287 people below the age of seventeen have been detained with their parents or family between 2010-11 and 2013-14 with an additional seventeen to thirty-one detained without adult accompaniment during the same time intervals. The way Canada has treated refugees has also come under scrutiny, especially in the case of thirty- nine-year-old Abdurahman Ibrahim Hassan, a dia- betic, mentally ill Somali refugee who died in prison. Hassan had severe schizophrenia and had been accepted as a refugee in Canada in the mid 1990s. In 2012, after an assault conviction, he was jailed and because he was deemed a threat to the Canadian public, he was incarcerated and subject to depor- tation to Somalia. He had little to no prospect for ê Photo credit: Associated Press release. 8 Obiter Dicta OPINION

Enforcing International Climate Debt Feasible or Impossible?

oyeyinka oyelowo › staff writer Environmental Disasters Professor Harris Ali at York University calls this the “free-rider” problem. The uring the past decade there have been free-rider dilemma hinges upon the collective nature significant developments in the field of of environmental problems, “free-riders” refer to international environmental law due to states that will not implement environmental protec- the factual understanding that environ- tive measures and continue to pollute—causing harm Dmental issues transcend national borders and legal to the common and shared space of our Earth. “The systems. However, the scientific uncertainty about person producing the pollution is not responsible the long‐term effects of international environmental for paying the environmental costs associated with risks often allows nations to justify postponing com- the pollution; so they are getting a free ride,” says pliance with international environmental law. Professor Ali. Nonetheless, examples of environmental damage This has been the driving force for the creation of are inarguably real; they include acid rain, biologi- regulations and treaties such as the Kyoto Protocol cal diversity loss, endangered habitats and species and the Montreal Protocol. Countries such as India, protection, environmental disasters, global climate China, and the United States have been hesitant to change, global sign the Kyoto environmental Protocol, a treaty markets, hazard- “Climate debt refers to a which seeks to ous waste man- regulate world- agement, ozone state’sexcessive use of a shared wide carbon diox- depletion, and atmosphere and climate ide emissions. u n s u s t a i n a b l e This is the ulti- development. system...” m ate t ra gedy Is it increas- of commons in Australia has become a climage change “free-rider”, ingly feasible that states could be regulated by other environmental law—where there is no authoritative ê according to former UN Secretary General Kofi An- states for causing climate change overseas? Should body that has the jurisdiction to regulate, monitor, nan. Photo credit: Robin Westenra lawsuits based on constitutional rights to a healthy and enforce environmental policy in different sover- environment, strict liability for environmental harm, eign nations. Furthermore, Professor Ali argues that or any number of other legal principles exist? there are conflicting interests between politics and Richer and industrialized nations have contrib- economics. Countries may be hesitant to implement industry to get the money to do what they want to do uted largely to environmental damage, which poorer, environmental policies that would affect their indus- and votes from the people,” he says; “they are always smaller, and underdeveloped countries will have to tries and costs of production. “The state is always walking a delicate balance and in the end the envi- cope with, despite having fewer resources to do so. caught in a catch-22 situation, because they need ronment is sacrificed.” In recent history there have been some success in at least one area of international law governing the regulation of environmental pollution. The Montreal Protocol, which called upon sovereign states to end the production and utilization of chlorofluorocarbons (CFCs) is an example that international law can sustain environmental protection. Recently, Canada’s Environment Minister Leona Aglukkaq announced that Canada plans to reduce its greenhouse gas (GHG) emissions by 30% below 2005 levels by 2030 through regulatory actions. Canada’s ambitious target is much like those of other major industrialized countries and this target was submitted to the United Nations Framework Convention on Climate Change this summer. But this raises questions about how much of an impact such regulations will make on Canada’s “climate debt.” Climate debt refers to a state’s exces- sive use of a shared atmosphere and climate system, requiring poorer states to pay to mitigate a crisis they did little to cause (an emissions debt), and the damages and costs caused by climate change, requiring poorer states to adapt to the negative effects (an adaptation debt). This is precisely why there should be a policy of monitoring and publicizing violations of international environmental law. Disclosure of informational policy focused on elucidating environmental violations would be more cost effective

» see CLIMATE DEBT, page 16

ê Leona Aglukkaq prods provinces for better greenhouse gas numbers. Photo credit: Huffington Post.ca OPINION Monday, October 13, 2015 9

Ushering in the Sustainable Development Goals How Important is Health?

› staff writer jerico espinas and engineering all play a role in creating sustainable out of seventeen. Importantly, the third SDG, which n September 25, the United Nations systems. is to “ensure health lives and promote well-being for affirmed the Sustainable Development One important topic of interest in the field of global all at all ages,” has thirteen key targets that create Goals (“SDGs”), a fifteen-year plan to development involves health. Since the International a more comprehensive framework for addressing end poverty, inequality, and environ- Covenant on Economic, Social, and Cultural Rights health. Some of these are updates on previous goals Omental degradation. Officially titled “Transforming enshrined “the enjoyment of the highest standards regarding maternal and child health as well as cer- our world: the 2030 Agenda for Sustainable of health” as a fundamental human right, health has tain infectious diseases. But they also include entirely Development” and set to come into effect on 1 January had a prominent feature in most global development new targets to strengthen the treatment of sub- 2016, the SDGs replace the Millennium Development frameworks. In the MDGs, however, health played a stance abuse, to promote mental health and wellbe- Goals (“MDGs”) that expire this year. Notably, the particularly prominent role. Three of the eight MDGs ing to tackle certain non-communicable diseases, to SDGS form an expanded plan of action for address illnesses from hazardous environmental global development with a set of seventeen pollution, and others. goals and 169 targets, a substantial increase “In the new SDGs, health is What is important to consider, however, is from the MDG’s set of eight goals and twenty addressed in one SDG out whether health will be adequately prioritized targets. in the new SDG framework, especially since There are many key differences in scope and of seventeen.” important MDG health targets were met in part content between the SDGs and MDGs. Some because of concerted global efforts to address focused specifically on health outcomes, which were of these changes are from improvements in the field these issues. To focus on just MDG 4, the global under- the MDGs to reduce child mortality (MDG 4), improve of global development, with researchers and poli- five mortality rate dropped from ninety to forty-three maternal health (MDG5), and combat HIV/AIDS, cymakers becoming more experienced after imple- deaths per 1000 live births between 1990 and 2015, malaria, and other diseases (MDG 6). And some of menting both successful and unsuccessful strategies and the total number of under-five deaths declined the other MDGs, such as the eradication of extreme to meet the MDGs. Others reflect an increased aware- from 12.7 million to almost 6 million since 1990. poverty and hunger, the achievement of univer- ness of different global actors and interests, some These are great improvement to child mortality, and sal primary education, and the promotion of gender of which were ignored or inadequately addressed they are a result of focused and specific projects. One equality and empowerment of women, can improve when creating the MDGs. And still others reflect the notable example is the Muskoka Initiative, which was population health by affecting important social increasingly interdisciplinary approach to sustain- determinants of health. able development, acknowledging that fields like In the new SDGs, health is addressed in one SDG biology, environmental science, urban development, » see DEVELOPMENT GOALS, page 17

ê Photo credit: itu.int 10 Obiter Dicta ARTS & CULTURE

What to Watch this Week A Netflix Guide to Shaking an Early Fall Cold

kathleen killin › arts & culture editor

With the chilly weather and the beginning of cold and flu season upon us, many of us are hunkering down, spending more time indoors and doing what some of us do best – “Netflix and chill”. Like my colleagues who have reviewed television in other excellent articles within this issue, I too have decided to write about what is on our favourite streaming site that I watched over the weekend.

ê (Above) Delicious, but not authentic, General Tso chicken. Photo credit: The Search for General Tso

ê (Left) Wagner Moura plays Pablo Escobar in Narcos. Photo credit: Netflix

NARCOS THE SEARCH FOR GENERAL TSO LAW & ORDER: SPECIAL VICTIMS UNIT

Drama Documentary Drama

Starring: Wagner Moura, Boyd Holbrook Directed by Ian Cheney Starring Mariska Hargitay, Ice-T, Kelli and Pedro Pascal Giddish, Danny Pino, Raúl Esparza I stumbled upon this documentary after losing the Written by: Chris Brancato and directed by rock paper scissors match my boyfriend and I have for Created by (the legendary) Dick Wolf Jose Padilha who choses what to watch (I had my eye on The Mindy Project, he said for us to check out this), and I am A tried and true, oldie but goodie, Law & Order: After much encouragement from my little brother, happy to say (just this one time) that I lost. The docu- SVU follows the dedicated detectives of the Special I decided to start the series Narcos – a drama fol- mentary explores the origin of General Tso Chicken; Victims Unit in New York City who investigate vicious lowing the life of Pablo Escobar during his climb to and a little spoiler alert, General Tso Chicken is actu- felonies. A fixture in the legal drama world, Law & power within the Colombian drug cartel and the ally not traditionally Chinese cooking (shocking!). Order: SVU always provides for good entertainment, explosion of the cocaine industry during the 1980s. Rather, it is the concoction of a Taiwanese chef in with guest stars from your other favourite shows An American Drug Enforcement Agency officer, who upper Manhattan during the mid 1960s in an attempt (keep an eye out for Orange is the New Black spot- relocates to Bogota in an attempt to curb the import to appeal to American taste buds. The film travels tings in SVU season sixteen), cross over episodes with of cocaine globally and capture Escobar, narrates the from the United States to Asia in an attempt to find Chicago PD and strong leadership by Olivia Benson. series and provides a look into relations between the out who General Tso actually was and how his name Netflix has the most recent four seasons and provide American and Colombian military and governments. came to be on every Chinese restaurant menu on this viewers with a quick and easy way of catching up What I appreciate the most is that it is primarily in side of the Pacific. Through a series of interviews, for the seventeenth season that has recently started Spanish, with genuine actors who speak the lan- director Ian Cheney addresses deeper issues faced by this fall. SVU is a go-to show when you don’t want to guage. Interestingly, the episodes are also sprinkled Chinese immigrants to the United States during the think about what to watch. It will always provide for with real life footage of specific events that coin- twentieth century and how local Chinese organiza- fantastic dramatic entertainment. Dun Dun. cide with the plot line. Narcos is not for the faint of tions assist immigrants to find work primarily in res- heart, it is brutal, bloody, and gives an insight into the taurants. During one of the interviews, the owners ruthlessness of the drug cartels. Currently, one ten- of a Chinese restaurant in Missouri claim that after episode season is on Netflix, with episodes being on visiting their restaurant and tasting their deep-fried TO NOTE: average an hour long, and season two being released chicken in the 1970s, McDonalds executives created To add to my colleague Henry Limheng’s article TV next year. This is not necessarily a binge watch show the Chicken McNugget. This film is an excellent range L Rev, Netflix has the entire first season of How to that leaves you hanging at the end of each episode. of history and culinary appreciation in one. I would Get Away with Murder. That is on my list for next So yes, you can rip yourself from the screen and go suggest, however, not to watch it on an empty stom- week. to class. ach as I can guarantee you will be ordering delivery ten minutes in. ARTS & CULTURE Monday, October 13, 2015 11

TV L Rev A bi-weekly roundup of legal television Week of 28 September – 1 October henry limheng › staff writer

elcome to TV L Rev, a bi-weekly professor, competing with each other for classroom review column of scripted legal televi- glory and, oh yeah, trying to get away with a murder. sion shows currently airing. Lawyers Full disclosure, I have only seen the first few epi- and shows about them are an endur- sodes the first season, so I’m jumping into the second W ing staple of television content. Spanning genres from season without the entire context. serious dramas to comedies, there is always a legal show somewhere on television. There appears to be Episode 1 – It’s Time To Move On something inherently dramatic about the legal pro- The Grinder fession, the often cited “courtroom drama” where It’s probably impossible to summarize the plot given conflict is naturally found. There are many juicy ideas the multilayer conspiracies going on, but here’s my inherently in law: lawyers as both heroes and villains, best shot: the convoluted story picks-up soon after Airs: Tuesday 8:30pm – CityTV; Fox the murky idea of “justice,” and a stage where bat- the end of the last season, the group has seemingly The Grinder is a new legal comedy premiering this tles are fought with wits and words over brawn. That gotten away with covering up a murder for the time Fall. It stars Fred Savage (best known for playing the said, most legal shows are rarely about the law and being (success measured by framing an innocent sick kid in the Princess Bride movie) playing Stewart legal peculiarities, but rather about the human actors person and causing someone else to get murdered) Sanderson as a young Idaho lawyer who has an ency- behind them. and Professor Keating (Viola Davis) is trying to return clopaedic knowledge of the law, but is a terrible Anyway, less pondering the cultural significance a semblance of normality to the shaken-up group… courtroom advocate because he lacks self-confidence. of legal TV and more reviewing. while covering up yet another murder. Rob Lowe (best known most recently for playing Being relatively early in the new TV season, heavy- The main plot of the first episode is spent exploring Chris Traeger on Parks and Recreations) plays Dean weights Suits and The Good Wife are yet to come back character threads, and a side-plot of the crew steal- Sanderson, Stewart’s charismatic older brother, who to the airwaves leaving, only two relative newcomers ing the clients of a high-profile murder case using less played an uncompromising lawyer on a popular TV to hold down the fort. than ELGC-approved methods. And instead of draw- show for many years. The premise is that Rob Lowe Beware mild spoilers for How To Get Away with ing out the mystery behind the murder that occurred decides he can translate his television lawyering skills Murder and The Grinder below. at the end of last season, the killer is revealed in epi- to help his brother, the real lawyer, in his cases, much sode one and instead the show sets up its season-long to Stewart’s annoyance. mystery as a dramatic flash-forward of— dun dun duh—Professor Keating being left for dead, bleeding Episode 1 – Pilot out with a gunshot wound. HTGAWM is a show I want to like more, primarily because it’s about law students. Not the best episode The pilot sets up the premise; Dean’s show has just for new initiates as the story chugs forward seam- ended and he’s feeling a little bit aimless so decides to lessly from the previous season, making a Netflix visit his extended family in Idaho. Stewart is feeling catch-up mandatory to get the full enjoyment. That inferior because everyone likes Dean better, and the How To Get Away With Murder said, the commitment to breaking conventional TV only thing he has going for him is that he’s a lawyer, diversity and the overly serious tone with the over the and Dean only plays one on TV. Stewart is less than top plot, makes the show an entertaining if not a par- thrilled when Dean starts encroaching on his turf by Airs: Thursday, 10pm – CTV; ABC ticularly intellectual watch. involving himself in the case. Ultimately Dean bails How To Get Away With Murder (HTGAWM) returns Stewart out during a trial and the brothers learn they for a second season. A modest success in its first might just be able to get along. season with praise for its diverse cast and lead per- I found the premise to be fresh: the irony of a formance by Emmy-winner Viola Davis, the show involves a disparate group of first year law students interning with their intimidating criminal law » see tv l rev, page 18

WE’RE NOT JUST LOOKING FOR EXCEPTIONAL LAWYERS, WE’RE LOOKING FOR EXCEPTIONAL PEOPLE.

Within our firm you’ll find lawyers who’ve closed billion-dollar deals, represented Prime Ministers and argued precedent-setting cases before the Supreme Court. You’ll also discover adventurers, marathoners and humanitarians. Every year, through our summer and articling programs, we seek out students who, like us, have both a passion for legal success and a desire to push themselves to their limit. To read our lawyers’ profiles and see if BLG is right for you, visit blg.com/student

ê (Above left) Photo credit: Subscene.com

A TV Series Review The Borgias

anthony choi › staff writer The acting, writing, costumes, and settings of In terms of acting, Jeremy Irons in particular does the show are simply marvellous. The plot advances a fantastic job as Rodrigo, playing him as a cool, cal- Originally Aired On: Bravo!, Showtime at a fairly brisk pace with action always around the culating, and bitingly sardonic Pope, who inwardly Series Length: 3 seasons, 29 episodes corner, leaving audiences hungry for the next turn of struggles between what appears to be a genuine aspi- events. The story remains relatively true to the actual ration to uphold the moral sanctity and uprightness et during the turn of the 16th cen- history, which itself oozes of political intrigue and demanded of his position and the base desires and tury, The Borgias follow the rise and fall drama. Any deviations from the source material are ambitions for himself and his family. This is not to of the notorious, Rodrigo Borgia, and his usually made in good taste and preserving the believ- say that Irons’ Rodrigo is always the “coolest cucum- family, whose very name became a byword ability and plausibility of each character’s motives, ber” in the room, as he also possesses a fiery temper Sfor depravity, nepotism, and corruption. The series actions, and any that can be begins in 1492, immediately following the death of resulting chain of downright ter- Pope Innocent VIII, and sees Cardinal Borgia (played events. Costume “The plot advances at a fairly brisk rifying, particu- by the ever fantastic Jeremy Irons) manoeuvre his and set designs are pace with action always around larly in situations way to the office of the Vicar of Christ and become top notch, rival- when his Papacy Pope Alexander VI through a series of bribes, alli- ling Hollywood the corner...” or his family are ances, and other political machinations. The rest productions in at stake. Indeed, of the show then details he and his family’s strug- quality and authentically replicating the cloth- Irons’ performance provides the necessary complex- gles to maintain and expand their newfound power ing and settings of the period, with only very minor ity required of one of the most controversial charac- in a world of shifting alliances against enemies both exceptions (such as the unlikely homogeneity of sol- ters of Renaissance Italy. internal and external, including subversive and ever- diers’ accoutrements during this time period, which The rest of the cast also delivers a solid perfor- ambitious cardinals, rival ruling families such as appears to be a common issue among many historical mance. Colm Feore plays an ever implacable and the Sforzas, and even the mighty Kingdom of France shows – but that’s just me admittedly being unneces- self-righteous Cardinal Giulliano Della Rovere (an itself. sarily nitpicky). apt characterization for the man who would be later known as the “Warrior Pope”), who is the primary arch-nemesis of the Borgia family and who appears to make it his very purpose to destroy and over- throw Rodrigo. While this portrayal may appear to be a seemingly one-dimensional caricature, it certainly is understandable given that the real Della Rovere instituted a number of policies against the Borgia family following his ascension as Pope Julius II that suggested that the enmity transcended beyond mere rivalry. Indeed, on the day he became pope, he declared that: “I will not live in the same rooms as the Borgias lived. He [Alexander VI] desecrated the Holy Church as none before. He usurped the papal power by the devil’s aid, and I forbid under the pain of excommu- nication anyone to speak or think of Borgia again. His name and memory must be forgotten. It must be crossed out of every document and memorial. His reign must be obliterated. All paintings made of the Borgias or for them must be covered over with black crepe. All the tombs of the Borgias must be opened and their bodies sent back to where they belong - to Spain.” Not surprisingly, no Borgia ever again rose to a position of prominence from that point onwards. Ultimately, The Borgias is a show for both history lovers and drama addicts alike. In particular, if one is a fan of shows such as Game of Thrones, House of Cards, Rome, The Tudors, or Boardwalk Empire, then The Borgias will definitely be right down one’s alley. And as an added bonus, there is also a European production of the very same story (unsurprisingly titled, Borgia) if ever one finishes The Borgias and is suffering from the post-viewing withdrawal typical of finishing an outstanding television series. All-in- all, most definitely recommended. u

ê Photo credit: Amazon.com ARTS & CULTURE Monday, October 13, 2015 13

A Concert Review: Destroyer Live at the Danforth Music Hall, 30 September 2015

justin philpott › staff writer release of Kaputt in early 2011. Kaputt was a staple musician contributing. It was a perfect opener. For on Top 10 lists on all the major music publication’s the slowburner “Girl in a Sling” a 10th musician, n 24 August, Destroyer released Poison year end reviews. What did Destroyer do to follow Bajer’s sister, came on stage to add violin. Nine musi- Season on Merge Records, a modest four up the success of Kaputt? They released an EP called cians wouldn’t cut it. and a half years after the release of Kaputt. Five Spanish Songs, which is exactly what you would My ears, along with the ears of everyone else at With a jammed-packed schedule of dates think it is: five spanish songs. The EP was brilliant the Danforth, were treated to sheer musical bliss Oall across North America, Destroyer’s tour in support and beautiful, but releasing a foreign language EP to for 90 minutes. The instrumentation on each song of the album looks gruelling,. The band stopped into follow up a massively successful album is a move only was lavish to the point where you wished you could Toronto’s Danforth Music Hall on September 30th Dan Bajer could imagine. In a press release before the hop on the groove and go for a ride. When the trum- and I was lucky enough to be in attendence. EP’s release, Bajer wrote: “It was 2013. The English pet and saxophone got into full swing a good song Destroyer is Dan Bajer. Dan Bajer is Destroyer. language seemed spent, despicable, not easily sing- instantaneously became a great song. The setlist Bajer has been releasing music as Destroyer for almost able. It felt over for English; good for business trans- was comprised largely of songs from Poison Season 20 years. The only constant over those twenty and Kaputt. When playing “Poor in Love”, off years has been his voice. A seemingly infinite Kaputt, Bajer looked at the audience while pull- number of musicians have played with Bajer “My ears [...] were treated ing at his hair and sang “I was poor in love / I on Destroyer albums. He goes out of his way to was poor in wealth / I was ok in everything defy classification, ensuring that each album to sheer musical bliss for else there was”. In turning a phrase, Bajer is is distinct from anything he has ever released 90 minutes.” a genuis; no other artist can say as much by before. Even with all this change, picking out saying so little. My favourite Bajer lyric is on a Destoyer song, wherever it is played, whatever actions, but that’s about it. The only other language I “Savage Night at the Opera” where he sings “It’s not a album it is on, is easy. Bajer’s voice is too identifi- know is Spanish…” It is blatently obvious that Bajer is war until someone loses an eye.” There is just some- able. And that is a by no means a bad thing. Bajer has not concerned with his number of fans. It is refresh- thing oddly amusing about that line. I was absolutely a unique way of delivering his lyrics: sharp, quick, ing to see an artist be themselves and have no concern delighted when the band began playing “European and insightful bursts. The words are articulted so well for the expectations of fans and critics. Oils” from Destroyer’s Rubies released in 2006. This that at times it is as if he is speaking and not singing. Destroyer walked on stage with 9 musicians, was the first Destroyer song I ever heard so it was very Bajer acknowledges having had a strong affinity for including Bajer. After a quick welcome wave, the how Lou Reed used to deliver his lyrics. band jumped right into “Bangkok”, a song off the Although Destroyer has no shortage of outstading new album. It was slow and seductive to start until records, its listenership reached a new peak after the it finally exploded into an ocean of sound with every » see Concert review, page 18

ê Destroyer performing “European Oils” at the Danforth Music Hall. Photo credit: Justin Philpott 14 Obiter Dicta SPORTS

The Long Hot Summer

kareem webster › staff writer newly hired Lou Lamoriello lead the front office and Remember, this a fantastic free agent class. coach Mike Babcock will hopefully have this team in Below are several free agents that Toronto can real- “Here it is, the groove, slightly trans…formed. Just a playoff contention by 2017 (no pressure, of course). istically target, in a robust free agency class of 2016: bit of a break from the norm…” Regardless, expectations aren’t (that) high for the team this season. ostalgic, isn’t it? Next May will That does not mean that we can’t look ahead. The Centres mark the twenty-fifth anniversary of Leafs have quite a few players coming off the books Anze Kopitar the timeless single that still gets airplay after this season, thereby opening cap space to sign on the radio. Of course, I’m referring to a major free agent or two, potentially. The Leafs will Standing at 6’3,” Kopitar is a two-time Stanley Cup “Summertime,”N the g-funk-inspired melody from DJ have a bevy of draft picks in 2016, and if they land winner with Los Angeles. He is one of the league’s Jazzy Jeff & The Fresh Prince. Next summer may be a some solid free agents, this team can be a whole lot premier playmakers, finishing in the top ten in break from the norm. better a whole lot quicker. assists last season. In addition to that, he can play on The free agency class of 2016 has the potential to be Two words for you: Steven Stamkos. One more the defensive end and has helped return the Kings one of the hottest word for you: to the glory days of Gretzky with perennial conten- periods in recent superstar. tion. Rumour has it that Kopitar and the team are not NHL history. “Two words for you: Arguably the seeing eye-to-eye in terms of figures for his re-up, There are super- league’s most and as unlikely as it seems, perhaps he’s looking to stars, stars, good Steven Stamkos.” exciting goal other teams to provide him with that extra financial players, and guys scorer, and if the security. The Leafs could definitely use his two-way that can give teams on the brink of contention the Lightning are unable to get to him to re-sign, oh boy, services. Kopitar is still in his prime, and a five or six right piece to flourish among pending unrestricted he will probably have twenty-nine teams harassing year deal would not be too exorbitant, depending on and restricted free agents. Keep in mind that these his agent. If Toronto is somehow — by some miracle the yearly salary. players can sign an extension with their respective — able to land the heir to Alexander the Great, then teams before 2016 (Brent Seabrook signed an eight- we can assume that we will become a beacon to other Eric Staal year extension with Chicago in September). free agents who have been dissuaded from signing With two playoff appearances in the last eleven here. A change of scenery is always good. Look at what it seasons, Leafs fans are yearning for a break from the I know, the Leafs probably will not get Stamkos, did for Tyler Seguin—a player much younger than norm (of futility). Two general managers and coaches but it is not inconceivable that Toronto (or a Canadian later (yes, I’m counting Horachek), the Buds are look- city) is a desirable destination for him. As the old ing to start from scratch. Brendan Shanahan and adage goes, never put all of your eggs into one basket. » see HOCKEY, page 19

ê Photo credit: dish.andrewsullivan.com NEWS Monday, October 13, 2015 15

Volkswagen

» continued from COVER

Governments across the globe are beginning inves- produced as far back as 2009. Winterkorn may be However, for a company that prides itself on its envi- tigations, customers have begun to file class-action telling the truth when he denies that he was respon- ronmental standards, and who makes claims to con- lawsuits, and the US Department of Justice is consid- sible for this idea or its execution, but it is clear that sumers about its adherence to those standards, the ering pressing criminal charges. On 8 October, VW’s many, many individuals in the company are impli- taint of hypocrisy is injurious. VW has suffered an US representatives were summoned to appear before cated in the scandal. The question for many is, were enormous blow to its reputation and much of its con- Congress. VW is setting aside approximately 7.3 bil- VW’s lawyers as in the dark as VW’s directors claim sumer goodwill has vanished, as many purchasers lion USD to cover the costs of the scandal, but the EPA to be? If they weren’t, what kind of sanctions might specifically chose VW cars for environmental reasons. has stated that VW’s violations of the Clean Air Act they be facing, if any, for providing the legal backdrop Environmental scientists agree that climate could lead to over three times that amount—18 billion against which unethical behaviour took place? change is the most significant threat to the human USD—in fines. No investigation of VW has taken place yet, let population in the 21st century. With a global public With its stock plummeting and its directors in alone of its lawyers, but as law students, the story increasingly concerned about air pollutants and crisis, VW is recalling the eleven million vehicles for a is reminiscent to many as an Ethical Lawyering greenhouse gases, perhaps the days when compa- refit; however, experts say that refitting the cars will hypothetical. nies can emerge unscathed from a scandal like this likely decrease their efficiency and performance. The The question of, “What does this mean for law- are over. CBC reports probes are now being sent to other major yers?” can be answered with another question: It’s early days yet: trust has been broken, money auto manufacturers, including BMW, Chrysler, GM, “Whose lawyers?” With class action suits already has been lost, and at the outset, it seems like a short- Land Rover and Mercedes-Benz. begun in Canada and the US, and more sure to follow sighted gamble might have cost VW its reputa- Volkswagen’s attempt to evade regulations in Europe, consumer-side litigators’ futures look tion. But mistakes are endemic in the auto industry. through legal loopholes is more than a mere point of rosy; however, the situation might look different for Certainly other auto manufacturers have been held interest for the legal community. The scandal raises VW’s legal team, and the question of what this means liable for production issues that weren’t just “honest serious issues: business ethics, the importance of reg- for the legal profession remains unanswered. mistakes”: in 2012, for example, Hyundai-Kia was ulation, the fragility of public trust, whether a law- Whose responsibility is it to understand that there slapped with a $ 1 million fine for misrepresenting the yer’s job is to help their client find the legal loopholes are interests other than the bottom line? Does this fuel efficiency of its cars. in a case, or whether the legal community demands fall to a business, or its legal team, or does the ethical It’s too premature to say what the outcome of the a higher standard of ethical behaviour than strict dimension simply fall to the side, irrelevant? emissions scandal will be. Public pressure is fuelling adherence to the role of zealous advocate. Unfortunately for VW, its consumers are less than Volkswagen’s tailspin, but public pressure is only as VW is currently denying any knowledge of who pleased. A court has yet to find VW’s behaviour ille- powerful as public memory. When it comes to cli- is responsible for the software, but Don Pittis cor- gal, but people are having no problem deciding it’s mate change, however, the stakes are high—and the rectly observes that this is not the result of one “rogue unethical. This is not the first time this type of tech- idea that corporations (or their lawyers) simply don’t engineer.” This was a strategy designed to duplici- nology has been used to evade emissions regulations. have responsibility in this area might be running on tously evade standards regulations that were imple- Both Caterpillar and Volvo have been dinged for it fumes. u mented across entire production lines, affecting cars in the past, but bounced back relatively unscathed.

If you have what it takes.

Some people have long known what they want out of a career. They look beyond their present and focus on their future: a future with international scope, global clients and limitless possibilities.

If you are that person, you’ve just found where your future lies.

Law around the world nortonrosefulbright.com 16 Obiter Dicta OPINIONS

Climate debt

» continued from page 8 than enforcement. Mary Ellen O’Connell, Research “United States is a clear leader among debtor coun- action emissions case is a significant step forward in Professor of International Dispute Resolution, argues tries, with historical CO2 emissions that have consis- a nation’s legal recognition of policing emission tar- in Enforcement and the Success of International tently exceeded the world per-capita average.” gets. Dutch Law firm Pulussen Advocaten used the Environmental Law that environmental law is “less However, the United States is also among several research of the Intergovernmental Panel on Climate well-suited to enforcement that other areas of inter- countries that have donated money to the UN Green Change (IPCC) as evidence. IPCC is a group of scien- national law.” Climate Fund (GCF) —to help with the cost of cli- tists, supported by the UN, which urged all countries Damon Matthews, a researcher at the Concordia mate adaptation and damages in vulnerable coun- to meet specific emissions targets to help fight global University in Montreal, recently published a study in tries. Though critics argue the funding—valued at warming. Nature Climate Change, where he attempts to quan- approximately ten billion dollars—does not cover the The Dutch emissions case win in court, coupled tify the amount of climate debt different nations owe immense damage caused by environmental pollution, with the implementation of the UN’s GFC fund, sig- to our planet. the Green Fund is a seemingly positive step in the nifies a strong recognition of the costs of climate debt, Matthews says the United States has benefited right direction for international environmental law. and an attempt by the international community to economically from polluting the global environ- The UNGCF was created as a financial tool of the control environmental damage before it’s too late. u ment and the costs are experienced by countries UN Framework Convention on Climate Change across the globe. Even though China has a bad rep- (UNFCCC) in 2011. Its role is to make financial con- utation for carbon emissions due to being one of the tributions to attaining the environmental mitigation world’s biggest production giants, Matthews argues and adaptation goals of the international community that the United States is largely responsible for emit- in developing countries. ting huge amounts of carbon. He estimates that the Furthermore, the recently successful Dutch class

thumbs down

Donald Trump’s continued flirtation with a US presidential run.

ê ActionAid activists call for countries to pay their climate debt. Photo credit: actionaid.org OPINIONS Monday, October 13, 2015 17

Development goals

» continued from page 9 an agreement between G8 nations to address MDG 4 the MDGs, acting as disincentives to global political way. However, only time will tell if the global com- and MDG 5 by spending $5 billion between 2010 and collaboration. munity can come together to work cooperatively in 2015 in order to reduce maternal, infant, and child These criticisms do not mean that the SDGs should order to develop in a healthy, sustainable and equi- mortality in developing countries. This project, along not be supported. The expanded purpose of the new table manner. with other UN initiatives such as the Global Strategy SDGs is necessary to combat the multiplicity of dif- for Women’s and Children’s Health, were key in ferent problems facing the future sustainable devel- This article was published as part of the Osgoode achieving large strides in the health MDGs. opment of the world. Certainly for the third SDG, the chapter of Canadian Lawyers for International Hu- One can wonder whether these same large-scale new targets properly spotlight the important disease man Rights (CLAIHR) media series, which aims initiatives can be created for the new SDG 3, espe- burden of different injuries and non-communicable to promote an awareness of international human cially because much more needs to be done to fully diseases. Countries can fall into a false sense of com- rights issues. achieve the new targets for this goal. That is, the placency just because of improvements to maternal Our website: http://claihr-osgoode.weebly.com/ global funding and financial support system may and child health, ignoring the persistent health needs Facebook: https://www.facebook.com/clai- fragment along disparate interests, preventing coop- of other populations and perpetuating poor health hrosgoode eration. After all, not all of the targets in SDG 3 are as outcomes for marginalized communities. globally valued and prioritized in development agen- Overall, the newly-passed SDGs were passed das as MDG 4 and MDG 5. Certainly, not all countries unanimously, but not without some pause from want to invest in projects to, for example, address both developed and developing countries over how road traffic accidents or strengthen tobacco regula- these new targets will be financed and resourced. tions. And creating sweeping initiatives to address Talks between countries over these new support sys- only a handful of targets out of almost two hundred, tems for tackling the development goals under the which itself falls under just one out of seventeen new framework, as well as over which targets they total SDGs, may raise less political capital than with should prioritize in their agendas are already under

thumbs UP

Nuit Blanche surviving without Scotiabank.

ê Photo credit: GlobalSolutions.com 18 Obiter Dicta ARTS & CULTURE

Concert review

» continued from page 13 nostalgic. dazzling string arrangments which did not feature express all of our emotions. In interviews he can come Other than a few thank-you’s after the songs, on Kaputt. The trumpet on the Springsteen-esque across as pretentious, dull, and a little fed-up. His Bajer did not talk to the audience. It was all about “Dream Lovers,” the most popy song on the new physical appearance is one notch above what would the music. I would describe the band’s performance album, gave the crowd at the Danforth a extra shot of be expected of a hobo on the street. That is Bajer’s as ‘workmen-like.’ Bejar didn’t play an instrument energy. A charming rendition of my favourite song off whole persona. It is as if he wants you to believe he is during the concert. During the instrumental sections the new album, “Times Square” came in the middle a tortured artist who spends his solemn days writing of the songs he crouched down into a squat, took a of the set. It contains the most memorable lyric on poetry, engaged in philosophical debates and musing drink of Stella Artois, and basked in the beauty of the the new album: “Writing on the wall / Wasn’t writ- on the shortcomings of the world. And maybe he music he created. The packed Danforth was buzzing ing at all”. “Times Square” appears on Poison Season does. I don’t know. But I can see why he may initially from the opening note until the last. I was lost in the three times in three very different styles. Apparently rub some people the wrong way. For me, his music music for the entire set, nothing else ever entered my Bajer couldn’t decide which version he liked best. contains a poignancy and intellect that is absent in mind. In interviews, Bajer says there was a plan to record most popular music today, and this is enough to over- Destroyer’s encore was the 9-minute “Rubies” Posion Season live in studio. This is in direct contrast look any shortcoming. u from Destroyer’s Rubies. It is a great comparison of to Kaputt, where the songs were tracked and lay- how Destroyer’s songs have changed over the years. ered instrument by instrument. As a result, all of the “Rubies” is lyrically dense with Bajer just spewing new songs come across naturally streamlined for live out words. Nothing is left unsaid. With Kaputt and shows. Posion Season, less is more when it comes to the Bajer considers himself an artist first and foremost. lyrics. However, Bajer still manages to pack an over- He would likely cringe at being labelled a rockstar or whelming amount of meaning into his concise lyrics. singer/songwriter. He is one of the few artists work- On the whole, Poison Season is darker and less ing today to include poetry in his lyrics. Bajer believes popy than Kaputt. It features an abundance of that art exists because words are not enough to

thumbs down

The skyrocketing salaries at Hydro One.

TV L Rev

» continued from page 11 lawyer on TV complaining that legal television is inaccurate is too delicious to not appreciate. There were a few moments that made me genuinely chuckle and the entire case appears to have a real energy. I would say this definitely worth a look especially if you’re in for some less serious melodrama than you would get from HTGAWM. My one complaint would be on the more technical side, the editing and certain framing of scenes felt janky. u

THIS WEEK’S BEST LEGAL MOMENT: Both shows were light on legal content and focused mostly on the character drama, but in HTGAWM there’s a scene of Asher (Matt McGory) turning down sexy times to study for a “CivPro” exam. Real law students say “CivPro”; so realistic!

Rankings (Graded on the Osgoode Bell Curve):

HTGAWM episode 1: A The Grinder episode 1: B+

Cassels Brock Obiter Dicta student ad Contact: Heather Murray Please PRINT a hard copy of the 2015-2016 season “Doodle - Resolve Disputes” 2015 [email protected] file and either FAX it or SCAN and 4B Prestige, b&w 416 869 5782 - fax 416 642 7137 EMAIL it back to me, thanks! SPORTS Monday, October 13, 2015 19

Hockey

» continued from page14

Staal and with a different style of play but some- showed his worth to the team as well. Okposo’s best does serve as an idea of what 2016 has to offer. How one who showed potential that seemed to hit a wall campaign came in 2013. Last season, he was off to a realistic is it that any of these players find themselves in his former team. At Staal’s age, I don’t think that promising start but he encountered some injuries. The signing a deal to play for the Buds? Only time will tell. he would have a breakout season in Toronto but he Leafs could benefit from this young winger. This season should be exciting, however the chips wasted many years in his prime in Carolina. He has may fall. The rumours will start to percolate the been injured a lot but the time away from such a vio- locker rooms of teams that are struggling. Players lent, physically taxing sport is sometimes a blessing Defensemen will evade questions relating to their impending free as it allows the body to compete a little longer. He also Dustin Byfuglien agency. has a Stanley Cup ring and a championship back- Who’s to say that the Leafs won’t land Stamkos and ground is something that the Leafs need. As maligned One of the best two-way players in the league. One another player? This is no pipe dream. Not anymore. as Staal may be, a short, frontloaded deal might not of the best offensive-defensemen who has been play- This club is making changes to the culture. Shanny, look that bad, depending on the yearly figures. ing hard for a mediocre team for the majority of his Lou, and Babs are the architects of a capital project to career. By the way, he is also a Stanley Cup Champion. revitalize the ruins of Toronto hockey. Byfuglien is a no-nonsense guy and leaves it all on the Clubs go through periods of decline and prosper- Forwards ice. Plus, he’s ridiculously big. Standing at 6’5”, he is ity—‘tis the nature of professional sports. The Leafs Milan Lucic no joke and would be a great enforcer for the Blue and have been in a rut for decades. The Jays are booming. White. His value to the Jets at this point cannot be The Raptors are booming. Toronto is changing. Another player with a Stanley Cup on his resume overstated. This is one player who brings the stats and The Leafs will create a new norm. It’s coming. The (trend), this player was traded to the Kings in the intangibles to the ice. spark will be lit next summer. u summer in a move lauded by hockey experts, with some now regarding Los Angeles as a contender for Keith Yandle the Cup after last year’s disappointing season. Lucic is a young player with a chip on his shoulder. That is Another fantastic defenseman that the Leafs could ê (below) Photo credit: NHL a very dangerous combination. He should have a very use to bolster their lineup. Yandle was one of the productive campaign this season with Kopitar, Jeff top playmakers on Arizona and was then traded in a Carter, and an inspired Kings club. major deal to the Rangers last season. His defense was criticized, especially near the end of his tenure with Kyle Okposo the Coyotes, but he is still in his prime and this season is motivated to earn that new contract. He is known This player was muddled in depth on a very bad as a great player during the power play and can hope- Islanders team until a couple of seasons ago. John fully return to his glory days in 2016. Tavares was scary good last season and Okposo This list is obviously not exhaustive; however, it

thumbs up

Toronto Blue Jays are the 2015 AL East Champions. 20 Obiter Dicta